SC calls for AG and bar body input to prevent shoe-hurling at CJI

New Delhi: The Supreme Court on Wednesday asked the attorney general (AG) and the apex court’s Bar body to give suggestions to prevent recurrence of incidents like attempted shoe hurling at Chief Justice of India B R Gavai in court premises.

A bench of Justices Surya Kant and Joymalya Bagchi, which had shown its reluctance in initiating criminal contempt proceedings against 71-year-old lawyer Rakesh Kishore who attempted to throw a shoe at the CJI, said the court will look into whatever needs to be done.

Justice Kant told counsels appearing for the Supreme Court Bar Association (SCBA) to give their suggestions as the court would look to formulate pan-India preventive guidelines.

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“Just think of giving three-four suggestions on how to prevent such incidents in places like court premises and bar rooms, etc. All of you please give suggestions.

“Whatever requires to be done, we will see on the next date. We will request the attorney general also to give his suggestions in this regard,” Justice Kant said, while adjourning the matter.

The bench was hearing a plea of the SCBA seeking contempt action against advocate Kishore, who attempted to hurl the shoe towards the CJI on October 6 during court proceedings.

On October 27, the apex court refused to initiate contempt action against a lawyer and said it will consider laying down guidelines to prevent such incidents.

Noting that the CJI himself had refused to proceed against Kishore, the top court had said shouting slogans in court and hurling shoes are clear cases of contempt of court but it all depends on the judge concerned under the law whether to proceed or not.

It had said that issuing a contempt notice would only give undue importance to the lawyer who had hurled the shoe towards the CJI and would increase the shelf life of the incident, underscoring that the incident should be allowed to die its own natural death.

Observing that though the conduct of Kishore “amounted to serious and grave criminal contempt which cannot be pardoned”, the top court had wondered whether it should exercise its jurisdiction when the CJI has already shown leniency in pursuing the matter.

On October 16, the top court said the right to free speech and expression cannot be exercised at the cost of others’ dignity and integrity as it cautioned about the dangers of “unregulated” social media, observing that incidents like the recent incident in the top court are nothing but “money-spinning ventures”.

Kishore’s act prompted the Bar Council of India (BCI) to suspend his licence with immediate effect.

The CJI, who remained unfazed during and after the unprecedented incident during the court proceedings, asked the court officials and the security personnel present inside the courtroom to “just ignore” it and to let off the errant lawyer with a warning.

The incident had sparked widespread condemnation. Prime Minister Narendra Modi while condemning the incident also spoke to the CJI.

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